Estimating Damages in Catastrophic Injury Cases

By Michael Verna on March 07, 2017

Catastrophic injuries occur suddenly and unexpectedly. They are often serious and permanently debilitating, and may include burn injuries, trauma to the head or brain, spinal cord injuries, amputations, and other serious injuries. These injuries generally prevent the victim from returning to any type of gainful employment and place significant financial burdens on his or her loved ones. At Bowles & Verna LLP in the San Francisco, CA area, we help victims and their families pursue damages in catastrophic injury cases.

Estimating Damages in Catastrophic Injury Cases

It is far more difficult to accurately estimate damages in a catastrophic injury case than in personal injury cases involving less serious injuries. When temporary injuries are involved, it is easier to calculate medical costs and lost wages during recovery. Because catastrophic injuries cause irreversible damage, medical costs may be ongoing and the victim may lose all sources of income. At Bowles & Verna LLP, we work with medical, financial, and other industry experts to get an accurate picture of the damages to pursue in such cases.

Damages for Medical Expenses

Medical expenses for victims of catastrophic injuries are often ongoing. A victim may need to be placed in an assisted living facility or get in-home care. Others may have the ability to lead their life again with modifications to their home or vehicle (i.e. wheelchair ramps). These modifications are also included in damages for medical expenses. We work with top medical professionals to determine the estimated costs for a catastrophic injury victim’s ongoing medical care.

Damages for Income Loss

Most catastrophic injuries prevent the victim from returning to work permanently. This can result in a significant amount of lost income over the years. When estimating damages for income loss, we look at the victim’s education level and previous salary. We also look at the potential for raises and promotions and at what age they might have retired. This can give us a picture of what the victim’s earning capacity might have been if they were never injured.

Damages for Pain and Suffering and Quality of Life

Unfortunately there is no mathematical formula or calculation we can use to estimate damages in this area. Catastrophic injury victims are entitled to damages for their pain and suffering, as well as their loss of quality of life. When determining these damages, we will evaluate the specifics of the injury and the ongoing pain caused. We will also look at the victim’s activity levels, hobbies, and lifestyle prior to the injury. The goal of these damages is to provide sufficient compensation so that the victim and his or her family can discover new ways to enjoy their lives together.

Schedule a Consultation Today

Catastrophic injury cases often result in much larger settlements than other types of personal injury cases. If you or a loved one has suffered a catastrophic injury, you need expert attorneys on your side that will ensure you receive full compensation for your losses and suffering. Contact Bowles & Verna, LLP today to schedule a consultation.